The Court of the LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69), presided over by Sri Sabappa, B.Com., LL.B. (Spl.), delivered a judicial order on April 5, 2024, allowing a miscellaneous petition filed under Section 439(1)(b) of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 3035/2024 granted a relaxation of Condition No. 1 previously imposed in the anticipatory bail order dated February 16, 2024, in Crl. Misc. No. 1264/2024 concerning two petitioners—Sri V.B. Suresh (Petitioner No. 1) and Sri B.R. Ranganath (Petitioner No. 2)—in connection with ongoing criminal proceedings originating from the Vijayanagar Police Station, Bengaluru.
Factual Matrix and Background
The procedural history leading to the modification petition involved the following circumstances:
- Initial Bail Grant: The petitioners were earlier granted anticipatory bail by the Sessions Court in Crl. Misc. No. 1264/2024 on February 16, 2024, subject to specific terms. Condition No. 1 stipulated that the petitioners shall appear before the Investigating Officer within 30 days from the date of the order and cooperate with the investigation.
- Reasons for Non-Compliance: The petitioners failed to appear within the stipulated 30-day window. Petitioner No. 1 explained that he was suffering from a severe liver ailment, underwent medical treatment, and was advised bed rest while permanently residing in Turuvekere, Tumkur District. Petitioner No. 2 contended that he was under the bonafide impression that both co-accused were required to appear together before the trial court/investigating officer, rendering their default unintentional.
- Prayer for Relaxation: Seeking relief from the strict timeline, the petitioners approached the court under Section 439(1)(b) Cr.P.C., undertaking to appear before the Investigating Officer immediately.
Details of the Petitioners
- Petitioner No. 1: Sri V.B. Suresh, son of Late V. Basavaraju, aged about 55 years, residing at PWD Office Road, 8th Ward, Subramanya Nagar, Turuvekere Taluk, Tumkur District – 572 227.
- Petitioner No. 2: Sri B.R. Ranganath, son of Rangadhamaiah, aged about 59 years, residing at Ward-2, Near Balaji Theatre, Kottappana Palya, Magadi, Ramanagara – 562 120.
- Legal Representation: Sri J.C. Kumar, Advocate
- Prosecution Representation: Learned Public Prosecutor, State by Vijayanagar Police Station, Bengaluru
Submissions Advanced by the Parties
On Behalf of the Petitioners
- Medical and Bonafide Grounds: Counsel for the petitioners reiterated the medical exigencies of Petitioner No. 1 and the genuine miscommunication regarding joint appearance pleaded by Petitioner No. 2.
- Readiness to Cooperate: The petitioners demonstrated complete willingness to comply with investigative requirements and execute fresh bonds, urging the court to grant an extension of time by relaxing the original timeframe.
On Behalf of the Respondent (State)
- Opposition to Relaxation: The learned Public Prosecutor filed formal objections arguing that the petition was not maintainable since the petitioners had failed to abide by the initial conditions agreed upon at the time of securing bail, which could compromise the ability of law enforcement to secure their presence.
Judicial Findings and Legal Reasoning
Upon evaluating the records and submissions, Judge Sabappa recorded definitive findings on Point No. 1:
- Assessment of Explanations: The court acknowledged the medical grounds presented by Petitioner No. 1 regarding his liver treatment and bed rest, as well as the reasonable misunderstanding pleaded by Petitioner No. 2.
- Substantial Justice: Holding that technical defaults arising from genuine health issues or misunderstandings should not deprive litigants of substantive relief, and noting the petitioners’ undertaking to cooperate, the court concluded that granting one more opportunity was essential to prevent undue hardship.
Final Order and Modified Conditions
Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 439(1)(b) Cr.P.C.
The court ordered as follows:
- Condition Relaxation: Condition No. 1 imposed by the court in Crl. Misc. No. 1264/2024 dated February 16, 2024, is hereby relaxed.
- Compliance Direction: The petitioners are directed to appear before the Investigating Officer within 10 days from the date of the order and execute personal bonds for ₹50,000/- each with two sureties for the like sum.